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HomeMy WebLinkAboutCT 15-04A; THE GRAND MADISON; Tentative Map (CT).. <<~,, ~CITY OF CARLSBAD APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Develoe,ment Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) • Administrative Permit • General Plan Amendment • Coastal Development Permit(") D Minor • Local Coastal Program Amendment (*) • Conditional Use Permit(*) • Master Plan •Amendment D Minor D Extension • Environmental Impact Assessment • Specific Plan D Amendment • Habitat Management Permit D Minor • Zone Change (") • Hillside Development Permit(*) • Zone Code Amendment • Planned Development Permit D Residential D Non•Residential South Carlsbad Coast!./ Review Area Permits • Planned Industrial Permit • Review Permit D Administrative D Minor D Major • Planning Commission Determination • Site Development Plan Village Review Area Permits S-1 fr. I Iii flPrm-' • Special Use Permit !~ii-{(A Review Permit 0 Administrative D Minor Ii] Major ' Iii Tentative Tract Map/Parcel Map ';(l JU • Variance D Administrative (") = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 203-303-21-00 --------------------------------- PROJECT NAME: THE GRAND MADISON ---------------------------------BRIEF OESCRIPTION OF PROJECT: NEW 4 STORY MIXED USE BUILDING CONTAINIG RETAIL, OFFICE AND RESIDENTIAL. BRIEF LEGAL DESCRIPTION: LOTS 13, 14, 15 AND 16 IN BLOCK 49 OF CARLSBAD TOWNSITE. LOCATION OF PROJECT: 725 GRAND AVENUE ...::.:..:.....:__...::.-=-----=--=-----~s"'T"'R-=E-=ET~A-=D=D=R=E=ss=-------------- ON THE: SOUTH (NORTH, SOUTH, EAST, WEST) BElWEEN MADISON ---==~===~--(NAME OF STREET) P-1 SIDE OF GRAND AVENUE (NAME OF STREET) AND JEFFERSON (NAME OF STREET) Page 1 of6 Revised 11/12 OWNER NAME (Print): PATRICK SMITH, LLC. -PAT MCGUIRE APPLICANT NAME (Print): KIRK MOELLER -MAA ARCHITECTS MAILING ADDRESS: 2609 OCEAN ST. MAILING ADDRESS: 2173 SALK, SUITE 250 CITY, STATE, ZIP: CARLSBAD, CA 92008 CITY, STATE, ZIP: CARLSBAD, CA 92008 TELEPHONE: 760-729-6950 TELEPHONE: 760-431-7775 EMAIL ADDRESS: pat@oceanstreet.net EMAIL ADDRESS: kirk@maaarchitects.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO _MQ_~D~\ \~~ 1 THE BEST_OF...MY KNOWLEDGE. \.II.__) 9-1-16 ---9-1-16 SIGNATURE . DATE ~•GNATURE DATE APPLICANT'S REPRESENTATIVE (Print): KIRK MOELLER -MAA ARCHITECTS MAILING ADDRESS: 2173 SALK, SUITE 250 CITY, STATE, ZIP: CARLSBAD, CA 92008 TELEPHONE: 760-431-777 5 EMAIL ADDRESS: kirk@maaarchitects.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORR.ECT TO THE BEST OF MY KNOtDGE 9-1-16 ~-;~~l-'l'N-- SIGNATURE ~ ~ DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND ~r ANY SUCCESSORS IN INTEREST. G:? PROP~~~ FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED SEP 2 3 2016 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED Revised 11112 C Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature Date: Certification Statement: I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature C::~ :'j)~J ii~~ ~ ~~ ;fu... Date;_ <;;;jj / iiiiiil 1--/@__, P-1 Page 3 of6 Revised 11/12 {. City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Plannlng Division 1635 Faraday Avenue (760) 602-4610 www.carlsb.ld¢c1-. .gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Councll or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Not-, .· . . . . . .. •. . _ . . Ponon .Js defined. a• "Any Individual, _fiml, co.partnership, joint venture, as&QCJation,. social club, frat<,rruli or!j8flizatiol1, corporation, estate, 111Jst, receiver, symf!Ca!e, In this and •~Y other county, city and co1mty, city~. disll.lct or oth_er poljjioal sul>divisl1)1i"' •~Y oll1el group or cornblrtattoa adilJll as a.unll.. • ",ge~ may siyrt !his document; ~r. tit,, .,ga1 m,me and eoliir ol im ~~d property owner must be piovided. -below. · · 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, lltles, addresses of aTI individuals owning mora !han 1_0% of 1he shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, end addresses of the corporate officers. (A separate page may be attached if necessary.) Person,___________ Corp/Part, ___________ _ Title. __________ _ Title. ____________ _ Addressc... ________ _ Address'-------------- 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interast in the property involved. Also, provide the natura of the legal ownership (i.e., partnership, tenants in common, non-profrt, corporation, etc.). If the ownership includes a cornoration or partnership, include the names, titles, addresses of all individuals owning mora than 10% of the shares. IF NO INDIVIDUALS OWN MOR_E THAN 10% OF THE SHARES, PlEASE INDICATE tllON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, 1nciude the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Patrick McGuire Corp/Part Patrick Smith LLC Tltle Manager Title_M_a_n_a-=gc..e_r _________ _ Address PO Box 2:466, Carlsbad, CA, 92016 Address PO Box 2466, Ca~sbad, CA, 9201l3 Page1of2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of AfiY: person serving es an officer or director of the non~ profit organization or as trustee or beneficiary of the. NoA Profrtrfrust.________ Non Prolit/Trust _________ _ Tille ___________ _ Tille _____________ _ Address, _________ _ Address. ___________ _ 4. Have you had more than $500 worth of business transacted w~h any member of C~y staff, Boa<ds, Commissions, Committees and/or Council witt,ir, the past twelve (12) months? [l] Yes O No If yes, please indicate person(s):_M_a_rl<_P_a_ck_ar_d _____ _ NOTE: Attach additional sheets if necessary. I certify that all the above infom,ation is true and correct to the best of my knowledge. C:::,~ N::, ~ ..:_ o..f-:j l'v Signature of owner/date ' Signature of applicanVdate ~ ~ • .Ji. !:-CV G ~ Q,,,. Print or type r\ame of'"'"''" Print or type r\ame of applicant Signature of owner/applicant's agent ~ applicable/date Print or type name of owner/applicant's agent Page 2 of 2 Revised 07110 «~~ ~ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(8) PROJECT NAME: The Grand Madison APPLICANT NAME: Kirk Moeller -MAA Architects Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Project is a modification to existing approved project CT 15-04 I RP 15-06. Modifications include a proposed use change from office to residential units on the 2nd and 3rd floors. The existing 2nd floor open office space will be modified into 4 separate residential condominium units and the 3rd floor will be modified into 3 separate residential condominium units. The overall size and footprint of the building are to remain the same as originally approved. The exterior finishes have been slightly modified to give the building a more residential feel. The grading permit for the existing project has been issued (GR160004) and is planned to be maintained for construction. Additionally, the landscape plans have also been approved under CT 15-04, RP 15-06 and DWG 489-9L. No changes are proposed within this application. The original approved project requested 23 parking in-lieu fee credit spaces. The proposed residential modification reduces the overall commercial space therefore reducing the total number of requested credit spaces to 12. All residential unit parking spaces are proposed on site. P-1(8) Page 1 of 1 Revised 07/10 «~• ~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Ix] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Kirk Moeller -MAA Architects Address: 2173 Salk Ave Suite 250 Carlsbad, CA 92008 Phone Number: 760-431-7775 Address of Site: 725 Grand Carlsbad, CA 92008 PROPERTY OWNER Name: PAT McGUIRE 2609 OCEAN ST. Address: _________ _ CARLSBAD, CA Phone Number: 760-729 6950 Local Agency (City and county) City of Carlsbad, San Diego County Assessor's book, page, and parcel number:_20_3_-_3_0_3_-2_1-_0_0 _____________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: _____________________________ _ ~.:::::....::/ ~====~-__::_:9-1~-16~~\_U~Q ,___ Applicant Signature/Date Property Owner Signature~ <u The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ' ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: q · 'J,, -1;, I Lf (To be completed by City) Application Number(s) C, 1 /(a-ot / Re I (o-11,,\ General Information 1. 2. Name of project: _...:.-r1/...:.:..::'£_..:.6,.:..:,6f,l/.,,:,:.:.:.,::::D____c,M,t~ce/J:..:.l.::,;~,c:Q/V-"------------- Name of developer or project sponsor: .)f/7J t (/,. ::,"hit-,,,( J.. l,.\_, Address: ~d~~-D_Cj~_O_Ch_fiN __ J'_T,_, ___________ _ City, State, Zip Code: --=C-~ __ E._'lf;_/J_,_/_____;01'---~'-'~'-"-'J:....c..f _______ _ Phone Number: 3. Name of person to be contacted concerning this project: I( I£/:-fr/,)~ -M ll7'f ~ Address ,:t-f 75 ,.SffUC trVf: ,>ll/JT ,).:,() City, State, Zip Code: c,lrl!,t,,S 8/t{J { CA 9,2-t>6f ' Phone Number: 7tp() -8/-777!:i 4. Address of Project: 7J. S-6 rz,f,Jj) 5. 6. 7. 8. 9. Assessor's Parcel Number ,,,Z b :$ --?0 > -,,J./-6 tJ List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: (M£,c,-r £'.A:$ c.u#O/i A'f'ff()VAt-S l/Nt)£1Z CT (?-o'l,)?'f /S-o(p ;etl?l&06t'{ Existing General Plan Land Use Designation: VILL-A-u{,, (V) Existing zoning district: Vt L-l-lfti€-;e£Vf€v,., ( v-1<.) Existing land use(s): 1//LJ.,t/f:1€ b1./k1(,e ?µt,J (Vflll..P) Proposed use of site (Project for which this form is filed): £ S'lZJef. ,:P£r,1{·1L., ' Project Description 10. Sitesize: li/Jlt/ Sr:,/. ?,),,( JfC 11. Proposed Building square footage: --",21'-'i,,7'-J..-, _,_fl._:'t!c:o=-.:::S...;'.:_,C.:_, __________ _ 12: Number of floors of construction: _ _,_ _________________ _ 13. Amount of off-street parking provided: _ __£,dLJ,1.o'----.,,.SCL?....:/f-C£,==-;;$''----------- 14. Associated projects: ______________________ _ P-1(0) Page 2 of4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: / / 7lf7~ 0#17'!.. /" (/If{,, 5 .f:1 r7""' ~ /'fl) S:t.1 5-" 415'7 S·(_, f-" fr 7of 5 f':, 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ___________________ _ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _______ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: __________________ _ P-1(O) Page 3 of 4 Revised 07/10 -\ Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial O Kl alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D ~ roads. 22. Change in pattern, scale or character of general area of project. 181 D 23. Significant amounts of solid waste or litter. D l8J 24. Change in dust, ash, smoke, fumes or odors in vicinity. D ,gJ 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D ~ alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 't8l 27. Site on filled land or on slope of 10 percent or more. 0 ~ 28. Use of disposal of potentially hazardous materials, such as toxic substances, 0 1'8J flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, 0 ~ etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 0 eg 31. Relationship to a larger project or series of projects. 0 @ Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. .5,:£-~ 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. S -t:C ~ Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: tJ-7-/ (, Signatu,.;;,.;;,"::~:::;z:::::'"==:==------ For: P-1(0) Page 4 of 4 Revised 07/10 MAA Architects Architecture • Planning • Interiors 2173 Salk Ave. Suite 250 Carlsbad, California 92008 Phone: 760-431-7775 EIA Information Form P-I(D) Date: To: From: April 30, 2015 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 760-602-46 I 0 Kirk Moeller Project Architect Re: The Grand Madison Application Please see response to EIA Information Form P-1 (D) questions 32 and 33. 32. The existing project site contains an existing two story building housing the Packard Dental offices. The site currently contain a 22 stall parking lot with minimal landscape elements. The building sits directly adjacent to the paved ROW on Grand and Madison. The site is very flat with very little topographic variation. See photos attached below. 33. The property to the West of the subject property currently contains a commercial Chase Bank branch building and parking lot. The property to the South contains a parking lot. The property to the North contains the Grand Avenue Bar and Grill and it's parking lot. The property to the East contains a two story multi-family residential building. SITE PHOTOS Please feel free to contact me if you have any questions or comments. Thank you, MAA Architects Inc. Kirk Moeller Project Architect «~~ ~ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: ,,..J Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. A,o,~m soe,o• ~ Staff Signature ~ __ _ Date: 9-1-16 To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/1 O Chicago Title Company RECEIVED SEP 23 2016 CITY OF CARLSBAD '-· ''/ nF CARLSMQorthside Drive, Suite 600, San Diego, CA 92I08 P '-' " , , , , NG DIVISIQ~hone: (619) 521-3500 • Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00055844-004-RMI-TV A Chicago Title Company 701 B Street, Suite 1120 San Diego, CA 92101 A TIN: Renee Marshall Email: marshallr@ctt.com Escrow/Customer Phone: (619) 233-3000 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: Cyr-Franklin@ctt.com PROPERTY: 725 GRAND A VENUE, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner 's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list a/I liens, defects and encumbrances affecting title to the land. Chicago Title Company Cr By:_~-~<------"""' Authorized Signature CL TA Preliminary Report Form -Modified ( 11/17/06) Page I - -@Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619)521-3500 • Fax: (619)521-3608 PRELIMINARY REPORT EFFECTIVE DATE: June 2, 2016 at 7:30 a.m. ORDER NO.: 00055844-004-RMI-TV A The fonn of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Owners Policy (04-08-14) I. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: PATRICK SMITH, LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Preliminary Report Form-Modified (11/17/06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: ' EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDERNO.: 00055844-004-RMI-TVA THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 13, 14, 15 AND 16 IN BLOCK 49 OF CARLSBAD TOWNSITE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888. APN: 203-303-21-00 CLTA Preliminary Report Form-Modified ( 11/17/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS Chicago Title Company ORDERNO.: 00055844-004-RMI-TVA AT THE DA TE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICV FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2016-2017. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. I. Matters contained in that certain document Entitled: Notice and Waiver Concerning Proximity of a Planned or Existing Commuter Rail Transit Station Executed by: Recording Date: Recording No: Patrick Smith LLC and City of Carlsbad February JO, 2016 2.0.J.6~()058152.of Official R_ecords Reference is hereby made to said document for full particulars. 2. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: Hold Harmless Agreement Geological Failure Patrick Smith, LLC and City of Carlsbad February JO, 2016 2016-00.581.54 of Official Records Reference is hereby made to said document for full particulars. 3. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: Hold Harmless Agreement Drainage Patrick Smith, LLC and City of Carlsbad February JO, 2016 2016-0058 l 55 of Official Records Reference is hereby made to said document for full particulars. 4. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: Notice of Restriction on Real Property Patrick Smith, LLC and City of Carlsbad February 25, 2016 20 l 6-0083104 of Official Records Reference is hereby made to said document for full particulars. 5. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. CL TA Preliminary Report Fonn -Modified ( 11/17/06) Page4 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) - Chicago Title Company ORDER NO.: 00055844-004-RM!-TVA 6. Any right, interest or claim that may exist, arise or be asserted against the Title under or pursuant to the Perishable Agricultural Commodities Act of 1930, as amended, 7 USC 499a et seq., the Packers and Stockyard Act of 1921, as amended, 7 USC 181 et seq., or any similar state laws. 7. Water rights, claims or title to water, whether or not disclosed by the public records. 8. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 9. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified ( 11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00055844-004-RMI-TVA 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: PA TRICK SMITH, LLC, a California limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was fonned in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 2. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: MB Property Acquisitions LLC (Buyer) a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) Ifa domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was fonned in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form -Modified ( 11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: ' Chicago Title Company ORDER NO.: 00055844-004-RMI-TVA INFORMATIONAL NOTES SECTION 1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 203-303-21-00 2015-2016 $8,651.48 paid $8,651.48 paid None 09098 2. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/gp CLTA Preliminary Report Fonn -Modified (11/17/06) Page 7 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with certain personal information, like your contact information, social security number (SSN), driver's license, other government ID numbers, and/or financial information. We may also receive information from your Internet browser, computer and/or mobile device. Use of Your Information. We may use your information to provide products and services to you (or someone on your behalf), to improve our products and services, and to communicate with you about our products and services. We do not give or sell your personal information to parties outside of FNF for their use to market their products or services to you. Choices With Your Information. Your decision to submit personal information is entirely up to you. You can opt-out of certain disclosures or use of your information or choose to not provide any personal information to us. Information From Children. We do not knowingly collect information from children under the age of 13, and our websites are not intended to attract children. How Information is Collected. We may collect personal information directly from you from applications, forms, or communications we receive from you, or from other sources on your behalf, in connection with our provision of products or services to you. We may also collect browsing information from your Internet browser, computer, mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Security Of Your Information. We utilize a combination of security technologies, procedures and safeguards to help protect your information from unauthorized access, use and/or disclosure. We communicate to our employees about the need to protect personal information. When We Share Information. We may disclose your information to third parties providing you products and services on our behalf, law enforcement agencies or governmental authorities, as required by law, and to parties with whom you authorize us to share your information. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties' websites. Access and Correction. If you desire to see the Do Not Track Disclosures. We do not recognize "do not information collected about you and/or correct any track" requests from Internet browsers and similar devices. inaccuracies, please contact us in the manner specified in this Privacy Notice. The California Online Privacy Protection Act. Certain FNF websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us and using our websites, you are accepting and agreeing to the terms of this Privacy Notice. FNF Privacy Notice Effective: April I, 2016 International Use. By providing us with your information, you consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Contact FNF. If you have questions or wish to contact us regarding this Privacy Notice, please use the contact information provided at the end of this Privacy Notice. - FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. We pledge to take reasonable steps to protect your Personal Information (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for information collected and/or owned by or on behalf of FNF, including collection through any FNF website or online services offered by FNF (collectively, the "Website"), as well as any information collected offiine (e.g., paper documents). The provision of this Privacy Notice to you does not create any express or implied relationship, nor create any express or implied duty or other obligation, between FNF and you. Types of Information Collected We may collect two types of information: Personal Information and Browsing Information. Personal Information. The types of personal information FNF collects may include, but are not limited to: contact information (e.g., name, address, phone number, email address); social security number (SSN), driver's license, and other government ID numbers; and financial account or loan information. Browsing Information. The types of browsing information FNF collects may include, but are not limited to: Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; browser language; browser type; domain name system requests; browsing history; number of clicks; hypertext transfer protocol headers; and application client and server banners. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: applications or other forms we receive from you or your authorized representative, whether electronic or paper; communications to us from you or others; information about your transactions with, or services performed by, us, our affiliates or others; and information from consumer or other reporting agencies and public records that we either obtain directly from those entities, or from our affiliates or others. We may collect Browsing Information from you as follows: Browser Log Files. Our servers automatically log, collect and record certain Browsing Information about each visitor to the Website. The Browsing Information includes only generic information and reveals nothing personal about the user. Cookies. From time to time, FNF may send a "cookie" to your computer when you visit the Website. A cookie is a FNF Privacy Notice Effective: April I, 2016 small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit the Website again, the cookie allows the Website to recognize your computer, with the goal of providing an optimized user experience. Cookies may store user preferences and other information. You can choose not to accept cookies by changing the settings of your Internet browser. If you choose not to accept cookies, then some functions of the Website may not work as intended. Use of Collected Information Information collected by FNF is used for three main purposes: To provide products and services to you, or to one or more third party service providers who are performing services on your behalf or in connection with a transaction involving you; To improve our products and services; and To communicate with you and to inform you about FNF's products and services. When We Share Information We may share your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information with certain individuals and companies, as permitted by law, without first obtaining your authorization. Such disclosures may include, without limitation, the following: to agents, representatives, or others to provide you with services or products you have requested, and to enable us to detect or prevent criminal activity, fraud, or material misrepresentation or nondisclosure; to third-party contractors or service providers who provide services or perform other functions on our behalf; to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or to other parties authorized to receive the information in connection with services provided to you or a transaction involving you. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: comply with a legal process or applicable laws; enforce this Privacy Notice; investigate or respond to claims that any information provided by you violates the rights of a third party; or protect the rights, property or personal safety of FNF, its users or the public. We make efforts to ensure third party contractors and service providers who provide services or perform functions on our behalf protect your information. We limit use of your information to the purposes for which the information was provided. We do not give or sell your information to third parties for their own direct marketing use. We reserve the right to transfer your Personal Information, Browsing Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of this information in connection with any of the above-described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit your information to FNF is entirely up to you. If you decide not to submit your information, FNF may not be able to provide certain products or services to you. You may choose to prevent FNF from using your information under certain circumstances ("opt out"). You may opt out of receiving communications from us about our products and/or services. Security And Retention Of Information FNF is committed to protecting the information you share with us and utilizes a combination of security technologies, procedures and safeguards to help protect it from unauthorized access, use and/or disclosure. FNF trains its employees on privacy practices and on FNF's privacy and information security policies. FNF works hard to retain information related to you only as long as reasonably necessary for business and/or legal purposes. Information From Children The Website is meant for adults. The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. Privacy Outside the Website The Website may contain links to other websites, including links to websites of third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users Because FNF's headquarters is located in the United States, we may transfer your Personal Infonnation and/or Browsing lnfonnation to the United States. By using our website and providing us with your Personal Infonnation and/or Browsing Information, you understand and consent to the transfer, processing and storage of such infonnation outside your country of residence, as well as the fact that we will handle such infonnation consistent with this Privacy Notice. Do Not Track Disclosures Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those FNF Privacy Notice Effective: April I, 2016 instances, we may collect certain infonnation on behalf of that mortgage loan servicer, including: first and last name; property address; user name and password; loan number; social security number -masked upon entry; email address; security questions and answers; and IP address. The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer infonnation with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Information, and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal infonnation, contact your mortgage loan servicer. Access and Correction To access your Personal Information in the possession of FNF and correct any inaccuracies, please contact us by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Your Consent To This Privacy Notice By submitting Personal Infonnation and/or Browsing Infonnation to FNF, you consent to the collection and use of infonnation by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. Contact FNF Please send questions and/or comments related to this Privacy Notice by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2016. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF APRIL I, 2016 ' , Notice of Available Discounts Pursuant to Section 2355.3 in Title to of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF') must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is nonnally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-2010 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereofhas been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; ( c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or ( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation offederal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE 8, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALT A HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One (6-5-14) CA & NV c. that result in no loss to You; or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9 Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18· Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $ 10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure ofan Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk I l(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV ' (PART I (The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in Joss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: l. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), l3(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), IJ(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure ofan Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk l l(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV p.:l1 09 I a. r,. Ii ! iii ! &. :I; a. li ID ' 'O ~ -· 0 ~ "' ID ?- ffl " fl ~ .. ,,: i ~ • ID I a DI -g i~ J-c 1a j::. I ::, I ID ; ;· f Ul ' C ' .. @ ~ I I I: iD• If· ~-.:--~ I JEf'f'£RSON (4TH ST) S"t i @ @ • -•,;}.\,;,-~' kt ·t· ''©;:;':-' I r'I i,~I iil4 -116 8CK ,lli,'--~f• 31 ,r·{1~-1:i 4 3 2. 1 ; I I •t.,~'-I - w ~ ~ I /F,j ,--~!~"" c--- T7 !!.!:. MADl$0M. (3~ ST) :ROOSEV£L T (2ND ST) Ew MAP 1722-5EASl[)e'. LANOS MAP ns (38$,5!$-'TOWN CT O\RL.S&IID AM£NDEO : QI w, 11 fW r~11n A1mssr'1 n• u 1N ri J:I , BLKS 38, 39, 49, & POR Bl..kS 33, 37,& SO - ROS CJ079.,S4151,16052,2000I 7 ~ L 203-30 ~( [ ~ ~ 2; L ST ~ : f ) ~ '": ~-: : :~ : ~~~: : '. :~l~ [ "" -.. . [ ST ~ i ~ I -~!l-~. ~,Iii ' ' / ---- Branch :A14 \Tscr :2126 RECORDING REQUESTED BY• First American TIiie Company ;.J/SJJ AND WHEN RECORDED MAIL TO: Patrick Smith, LLC P.O. Box 2466 DOC# 2015-0179803 1 lffl 111111 ml IIIIRI IIIHlllll 11111111 ffll 11 Apr 15, 2015 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., I P /; ;arlsbad, CA 92018--2466 -rt SAN DIEGO COUNTY RECORDER FEES: $2,435.00 PCOR:YES THIS SPACE FOR RECORDER'S USE ONLY: Escrow No.: 004897-AC Title Order No.: NHSC-4852626 (06) Al'#: 203--303-21-00 GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE($) DOCUMENTARY TRANSFER TAX Is $2,420.00 [X] computed on full value of property conveyed. or I I computed on full value less value of liens or encumbrances remaining at time of sale. I J Unincorporated area !Xl City of CMsbad AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 725 Gn,nd, LLC, a Callfomla Lim-Llablllty Company hereby GRANT(s) to: Patrick Smith, LLC, I California limited llabllHy company the real property in the City of Cambad, County of San Diego, State of California, descnbed as: Lots 13, 14, 15 and 16 in Block 49 of Cambad Townsile, In the City of Carlsbad. County of San Diego, State of CalWomla, according to the Map thereof No. 535. filed in the Office of the County Recorder of San Diego County, May 2. 1888. Also Known a•: 725 Grand Avenue, Carlsbad, CA 92008 Dat.d: April 10, 2015 725 Grand, LLC, a California L~iled Liability Company By ~~ lJ.. O+•a, ~ Mark ciPackard,Member I A notary puWc or other officer completing this certificate verifies only the identity of the individual who s9'ed the document to which this certifk:ate is atuached and not the truthfutnes.a aecura or valldi of that document. STATE OF CALIFORNIA COUNTY OF San Diego On AfWi l l O, _ ZO.J..i..,. • .,¥ before me, A.. Casas A Notaty Public persons appeared Made D. Psclt.ard who proved to rm, on the bests of sati&faclo,y evidence to bltt the personfllt whose fuimeJ,iio ls7iii, subscrl'b«J to the within instrument and acknowledged to me that ~ e)(ecufed the same in hi.s,t;,a;;l\ah authorized capscity(iN,/, and that by hhl/hfmtlttw slgnahJra"1) on -the imtrt.Jment thfl persan(#J, or the entity upon behalf of which the pef'SOO{JIJ' acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and COITT!Ct. WITNESS my hand and official seal. Signature, ___ L~L!e~~'.L'.~~----::::.. ____ _ (Seal) MAfL TAX: STATEMENTS TO PARTY SHOWN BELOW; IF NO PARTY SHOWN, MAil AS SHOWN ABOVE: 1W1. TAX STA1BIENT'f0 · m,JRN ADDRESS AIOVI SA'-DIEGO. CA Document:Dll 2015.179803 Printed on:10/1(,/2015 3:41 PM Page:! of l